November 5, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

W. Building Ground Fl., Room W12-140

Washington, DC 20590

Shooting Aero LLC’s Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

To Operate Unmanned Aircraft Systems for Aerial Photography and Filming

Name And Address of Petitioner:

Shooting Aero, LLC

Attn: D. Scott Dobbie 

4823 Aliano Drive

Oak Park, CA 91377

phone: 320-332-0982

email: 1d91826c@opayq.com 

I. Petition Summary 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 11295 (2012), 126 Stat. 11 (“Section 333”) and the 

Federal Aviation Administration’s (“FAA”) general exemption authority under 49 U.S.C. § 44701(f), Shooting Aero, LLC, (“Petitioner”) 

hereby petitions for exemptions from:

14 C.F.R. Part 21

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 61.133(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b)(2)

14 C.F.R. 91.103(b)(1)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121

14 C.F.R. 91.151

14 C.F.R. 91.203(a) and (b) 14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(2)

14 C.F.R. 91.417(a)(b)

The proposed exemptions, if granted, would allow Petitioner to operate small, camera-mounted unmanned aircraft systems (“UAS”) 

weighing 55 pounds or less including payload (i.e. camera, lens, remote head) for the purpose of closed-set filming and photography of 

motion pictures, television, commercials, music videos, internet programs, corporate productions, as well as the areas of construction, 

agriculture, and real estate.

The Petitioner’s UAS operations will take place only within closed and controlled conditions under the auspices of experienced and 

qualified UAS operators. The Petitioner, operating with no onboard crew and battery power, represents a significant step forward in safety 

over larger traditional aircraft carrying crew and flammable fuel. All operations by the Petitioner will be conducted under protocols set forth 

in Petitioner’s Motion Picture and Television Flight Operation Manual (“MPTFOM”), and any additional rules established by the FAA 

specifically for UAS. Following the precedent of exemptions already granted by the FAA, approval of this petition will fulfill the mandate 

of Section 333 in providing for safe civil UAS operations in the National Airspace System (“NAS”) and serves the public interest. The 

Petitioner respectfully asks that the FAA grant the requested exemptions without delay.

II. Background 

A. Experience:

Petitioner’s crew includes a licensed commercial pilot having single and multi-engine and instrument ratings with 10 years of flight 

experience and a seasoned film and television industry director and cinematographer with over 25 years of experience.

B. Aircraft and Equivalent Level of Safety:

As set forth in the Petitioner’s FOPM, the operation of UAS will meet or exceed the current levels of safety attained by traditional aircraft 

engaged in cinematic capture. In accord with the key considerations noted in The Reform Act: 

1. The weight, size, speed and overall capabilities of the UAS,

2. Whether the UAS will be operated near airports or populated areas, 

3. Whether the UAS will be operated by line of sight,

the Petitioner will abide by the following guidelines:
● Petitioner’s UAS will have a gross weight of not more than 55 pounds. 

● UAS will be operated at a speed of no more than 50 knots. 

● The minimum crew for UAS operations will consist of a Pilot In Charge (“PIC”)/Visual Observer (“VO”) and a Camera Operator 

(“CO”). 

● Communication between PIC, Camera Operator and Visual Observer will be verbal. 

● A safety meeting must be conducted prior to each day’s operations. All crew working within the, “Security Perimeter” must attend 

to be briefed on the planned operations. 

● Flights will be performed at no more than 200 feet AGL. 

● UAS will utilize a radio frequency spectrum for operation and control that complies with Federal Communications Commission 

(“FCC”) requirements. 

● UAS will not carry explosive materials or combustible fuels 

● UAS flights will be performed within line of sight of the PIC and the Visual Observer 

● The UAS crew will consist of at least one FAA licensed airman with a private pilot’s license and third class medical certificate. 

● UAS flights will last only 5-30 minutes each. 

● UAS will land before battery levels go below 25%. Should battery levels drop to 25% unexpectedly, the Petitioner's UAS has 

programmed failsafe protocol whereby it will perform a pre-programmed, predictable, automated flight maneuver and return to a 

predetermined landing site within the defined “Security Perimeter.” 

● UAS operations will take place only within controlled and pre-determined “Security Perimeters.” 

● UAS are equipped with redundant safety mechanisms allowing them to operate safely after experiencing Command And Control 

(“C2”) link failures. If a C2 link event occurs, including the loss of ground communications and/or the loss of a GPS signal, the Petitioner's 

UAS have the ability to perform a pre-programmed, predictable, automated flight maneuver and return to a predetermined landing site 

within the defined “Security Perimeter.” 

● Telemetry data including battery level, speed, altitude, GPS satellite lock, and flight mode will downlink from the UAS to a 

ground-based on-screen display 

● Petitioner will obtain consent from all persons involved in the aerial filming scenario. Persons not involved in filming will not be 

allowed within 100 feet of the operation. 

● All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law 

enforcement, fire or other appropriate government agencies. 

● The PIC and VO must be trained in UAS operation, and the particular UAS craft to be operated, as per the Petitioner's FOPM. 

● In the event that the, “Security Perimeter” is breached and/or potential safety breaches are imminent, operations will be breached 

following protocol outlined in the FOPM.

III. Specific Exemptions Requested by Petitioner Under Section 333

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates 

in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Petitioner's’s UAS permits exemption from Part 21 

because Petitioner’s UAS meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 

aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability and proximity to U.S. areas such as airports and dense populations. Petitioner’s UAS meet or exceed each of these 

elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the 

form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS, 

this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The 

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Petitioner’s UAS utilize electronic global positioning systems, 

accelerometers and multiple integrated gyroscopes to provide spatial coordination. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same 

reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at the 

Petitioner’s flight operations center. 

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Petitioner UAS are unmanned and relatively small, without a traditional cabin or fuselage on which to place registration markings. 

Petitioner’s UAS will be identified by individual serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. Petitioner UAS do not carry pilots or 
passengers and as such can achieve an U.S. equivalent level of safety as achieved by current Regulations. Unlike conventional manned 

aircraft, all of the Petitioner’s UAS operations are controlled from the ground and held within cordoned off and controlled, “Security 

Perimeters.” In addition to possessing a private pilots license, the PIC will have attained the necessary remote piloting skills and knowledge 

as outlined in the Petitioner FOPM. Consequently, the safety risks of operating a relatively small, unmanned Petitioner UAS are 

significantly less than those associated with operating conventional manned commercial operations. Thus, allowing operation of a Petitioner 

UAS by a private pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) & (b). 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. In pertinent part, it states that: 

“(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or 

property on the surface” 

Petitioner UAS will only operate within an established “Security Perimeter” below 200 AGL, providing an equal or greater level of safety 

provided in relation to minimum safe altitudes. In contrast to conventional helicopters, Petitioner’s UAS carry no passengers, pilots, or 

explosive fuels, thus an equivalent or greater level of safety will be realized. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of 

this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter. . . .” 

These Regulations apply only to aircraft with an airworthiness certificate; they will not apply to Petitioner operations should its exemption 

be granted. As outlined in the FOPM, Petitioner conducts its own strict maintenance regimen. The operator will be responsible for 

inspections and any maintenance necessary. As provided for in the FOPM, the operator will fulfill all system checks prior to flight to verify 

that the UAS is in good working order. Any discrepancies will be repaired and noted in the Maintenance Log. Should discrepancies arise 

during an operation, the UAS will be grounded immediately in accordance with mission abort protocol prescribed in the FOPM. An 

equivalent level of safety will be achieved because the UASs operate no higher than 200 AGL, are subject to extensive maintenance 

regimens, weigh less than 55 pounds, are more maneuverable than conventional manned aircraft, and can easily be landed should 

mechanical issues arise. 

IV. Summary 

Petitioner seeks an exemption from the following Regulations: 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 

91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 

91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to operate 

commercially its fleet of small, lightweight unmanned vehicles for the purpose of closed-set filming and photography of motion pictures, 

television, commercials, music videos, internet programs, corporate productions, as well as the areas of construction, agriculture, and real 

estate.

As already established by previous UAS exemptions granted by the FAA, commercial use of UAS by the film industry will serve to 

increase the level of safety afforded to aerial cinematic capture. UASs reduce risk by eliminating the need for manned aircraft weighing 

thousands of pounds and carrying large amounts of explosive fuel. Petitioner UASs, weighing less than 55 pounds, operating under battery 

power and within strict, “Security Perimeters” mitigate risk to human life. These factors justify Petitioner’s petition for exemption and 

satisfy the criteria provided in section 333 of the Reform Act of 2012. Petitioner will comply with the same conditions and limitations as 

provided in numerous section 333 exemptions granted recently for closed set filming and other purposes. Accordingly, we respectfully ask 

the FAA to grant this petition in summary fashion, and obviate Federal Register publication and public comment. 

Respectfully,

D. Scott Dobbie